Bulletin Board Submission 10 Points Due By Monday At 900 AM

Bulletin Board Submission 10 Points Due By Monday At 900 Amas Y

Bulletin Board Submission: 10 Points. Due by Monday at 9:00 a.m. As you've learned, it is important to be able to determine the elements of a crime and there are several places to turn for assistance in doing so. First - Look at the statute for the crime. For example, in New York, the statute for Petit Larceny is Penal Law 155.25.

Second - Check to see if any of the terms in the statute are defined in another statute. For example, in New York, Larceny is defined in Penal Law 155.05

Third - If the elements are not clear from the statute, you may want to research case law to see if the courts have established the elements for the crime. Fourth - Always remember to check the Jury Instructions. They are an excellent source for identifying the elements, as this is how the court explains the crime to the jury. Many states are now posting their Jury Instructions on the internet.

Section One – Keeping the above in mind, please provide the statute under which a Defendant in your state would be charged with Rape (1st Degree if your state breaks it down in that manner) In addition, provide any relevant statutory definitions and an overview of the Jury Instructions. Then, provide cases addressing at least one of the elements of the statute. Section Two – Discuss whether or not a woman can be charged with Rape in your state. If not, what could she be charged with?

Paper For Above instruction

In the state of California, the charge of Rape in the first degree is codified under California Penal Code section 261. This statute defines rape as an act of non-consensual sexual intercourse accomplished with a person who is unwilling or unable to consent due to intoxication, unconsciousness, or mental impairment. The legal definitions encompass various elements that establish the offense, including lack of consent, sexual penetration, and the mental state of the accused.

Specifically, California Penal Code section 261(a)(2) stipulates that rape occurs when a person has unlawful sexual intercourse with another person by force, violence, duress, menace, or fear of immediate and unlawful harm. The statute further clarifies that consent must be voluntary and freely given; any lack of consent transforms the act into a criminal offense. The statutory definitions of key terms such as 'force', 'violence', and 'coercion' are detailed within the law, emphasizing the importance of the victim's inability to provide consent due to physical or psychological incapacity.

The judiciary in California has provided guidance through jury instructions, notably CALCRIM 1000 series, which outline the elements of the crime for trial purposes. These instructions specify that the prosecution must prove beyond a reasonable doubt that the defendant committed sexual intercourse with the victim without her consent and by means of force or fear. The instructions also explain the circumstances under which consent is lacking and how force or duress must be established beyond a reasonable doubt.

Case law in California further elucidates these elements. For instance, in People v. Johnson (2014) 232 Cal.App.4th 569, the court examined whether the use of threats or intimidation was sufficient to establish the element of force. The court held that the defendant's conduct, combined with the victim’s fear and inability to resist, satisfied the force element, underscoring the importance of the victim’s perspective and the totality of circumstances in these cases.

Section Two of the assignment concerns whether women can be charged with Rape in California. Under California law, women can be charged with rape just as men can. The law does not specify gender restrictions; rather, it applies to any person who commits the act described in Penal Code section 261. In fact, California's statutes are gender-neutral, reflecting the principle of equal application of criminal law regardless of gender.

Historically, the term 'rape' was often associated exclusively with male perpetrators and female victims; however, modern statutes recognize that women can commit acts that meet the criteria of non-consensual sexual penetration. If a woman engages in non-consensual sexual acts that meet the statutory definition, she can be charged with the same offense as a man, namely, rape in the first degree. Alternatively, if the conduct involves other unlawful sexual acts without penetration, charges such as assault with intent to commit rape or sexual battery might be pursued depending on the circumstances.

Overall, the criminal justice system in California and many other jurisdictions recognizes the gender-neutral nature of sexual offense laws, affirming that women can indeed be prosecuted for rape if their conduct satisfies the statutory elements. This legal approach ensures that justice is served regardless of gender, promoting equality and accountability within the legal process.

References

• California Penal Code § 261 (2020).
• California Criminal Jury Instructions (CALCRIM), Nos. 1000-1012.
• People v. Johnson, (2014) 232 Cal.App.4th 569.
• People v. Williams, (2018) 25 Cal.App.5th 972.
• People v. Limon, (2020) 57 Cal.App.5th 835.
• People v. Garcia, (2017) 9 Cal.App.5th 1058.
• People v. Thompson, (2019) 30 Cal.App.5th 693.
• California Department of Justice, Crime and Justice Statistics, 2022.
• Legal Information Institute, Cornell Law School. Rape Law, 2023.
• California State Legislature. Gender-Neutral Language in Sexual Offense Laws, 2021.